| Pierre J. Renelique Md, P.C., As Assignee of Pierre-louis Magloire v United Servs. Auto. Assn. |
| Motion No: 2019-00215 KC |
| Slip Opinion No: 2020 NY Slip Op 71874(U) |
| Decided on September 10, 2020 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
BERNICE D. SIEGAL
WAVNY TOUSSAINT, JJ.
ORDER TO SHOW CAUSE
| Pierre J. Renelique MD, P.C., as Assignee of Pierre-Louis Magloire, Appellant, v United Services Automobile Association, Respondent. |
Appellant Pierre J. Renelique MD, P.C., as Assignee of Pierre-Louis Magloire, having appealed to this court from an order of the Civil Court of the City of New York, Kings County, dated November 14, 2018, and both counsel having attended a Civil Appeals Management Program (CAMP) conference on March 6, 2019, and appellant having perfected the appeal on June 13, 2019, and on September 3, 2020 both parties having received email notices advising each that the appeal was to be heard on September 23, 2020, and on September 4, 2020, counsel for respondent having notified the court by email that the matter had been settled, and counsel having attached a Stipulation of Settlement and Discontinuance, indicating that the underlying action had been settled on July 12, 2019, nearly 14 months earlier,
Now, on the court's own motion, it is
ORDERED that the appellant and the respondent or their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions against the appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3 (c) as this court may deem appropriate by each filing an affirmation or affidavit on that issue, with proof of service, on or before October 2, 2020, onto the court's digital portal, Records, Briefs & Motions Drop Off, found on the court's website at:
https://nycourts.sharepoint.com/sites/AT2-DCS/SitePages/Home.aspx.
Section 730.3(c) of the rules of this Court provides, in relevant part, that "The parties or their counsel shall immediately notify the court when there is a settlement of a matter or any issue therein has been rendered moot... Any party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions." (22 NYCRR 730.3 [c]).
The Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by email and regular mail.
ENTER:
Paul Kenny
Chief Clerk